ARTICLE 25-1
Agricultural Protection in General

Section

25-1-1    Title

25-1-2    Purpose

25-1-3    Establishment of Agricultural Protection Commission

25-1-4    Agricultural Protection Fund

25-1-5    Qualifying applicant for funding the acquisition of agricultural easements

25-1-6    Application process and establishing priorities for funding

25-1-7    Public participation

25-1-1 TITLE.

This article shall be known as the Agricultural Protection Ordinance of the City of Goodyear.

(Ord. 04-904, passed 6-14-2004)

25-1-2 PURPOSE.

It is hereby declared that the purpose of this article is to preserve and protect agricultural land in the city.

(Ord. 04-904, passed 6-14-2004)

25-1-3 ESTABLISHMENT OF AGRICULTURAL PROTECTION COMMISSION.

There is hereby established the Goodyear Agricultural Preservation Commission.

(A) The members of the Commission shall be comprised as follows:

(1) Five members appointed by the Mayor and Council which shall include one representative of business in the city and one member of a conservation or environmental organization.

(2) A Vice Chairman and a Chairman selected by the five members appointed by the Mayor and Council.

(3) Two non voting ex officio members, one from the U.S. Natural Resources Conservation Service and one city staff liaison.

(4) At the inception two members shall be appointed for one year; two members shall be appointed for two years and three will be appointed for three years.

(B) Commission shall:

(1) Recommend to the City Manager/City Attorney adoption of rules necessary to perform its duties and functions.

(2) Recommend to the City Manager on issues related to grants, donations, dedicated funding sources, contracts, and the like, entered into pursuant to this section.

(3) Identify and develop for implementation funding sources.

(4) Identify interested landowners and number of acres for consideration.

(5) Identify qualified land trust organizations and appraisers.

(6) Conduct citizen outreach for education purposes.

(7) Report to designated staff as deemed necessary.

(Ord. 04-904, passed 6-14-2004)

25-1-4 AGRICULTURAL PROTECTION FUND.

(A) Establish a fund consistent with city requirements.

(B) Authorize the acceptance of federal, state, local, gifts, donations, fund raising proceeds, monies and in kind services or resources.

(C) Develop specific criteria for expenditures for the acquisition of conservation of agricultural land, easements and related expenses (including transactions costs).

(D) Any acceptance of monies and authorized expenditures are subject to approval of the City Manager.

(Ord. 04-904, passed 6-14-2004)

25-1-5 QUALIFYING APPLICANT FOR FUNDING THE ACQUISITION OF AGRICULTURAL EASEMENTS.

(A) The City Manager, on approval from the Mayor and Council, shall grant monies from the city’s Agricultural Protection Fund for the express purpose of acquiring conservation easements on eligible lands in perpetuity, or for a renewable term of not less than 25 years.

(B) The grants may be made only to:

(1) A nonprofit organization that is exempt from federal income taxation under § 501(c) of the Internal Revenue Code and that has the purpose of preserving agriculture, open space or natural resources.

(2) A political subdivision or agency or instrumentality of a political subdivision, including the city itself.

(Ord. 04-904, passed 6-14-2004)

25-1-6 APPLICATION PROCESS AND ESTABLISHING PRIORITIES FOR FUNDING.

(A) The Commission shall establish procedures for submitting applications and granting monies each year from the city’s Agricultural Protection Fund with requirements and guidelines adopted which ensure that the city meets eligibility and priority criteria of both the state and federal agricultural protection programs.

(B) Priorities will be given to organizations and entities with successful experience in acquisition, implementation and oversight of conservation easements. Furthermore, priorities will be given to funding projects that obligate definitive funding, landowner contributions, in kind donations or services, or other land use benefits or resources (for example, the project is located within the Southern Department Corridor of Luke AFB, or unique agricultural lands, or the farming operation provides quantifiable employment benefits).

(C) Applications to the Commission will be submitted and evaluated in a timely manner (establish schedule consistent with state and federal requirements for submission of proposals). The applicant shall submit the following information as part of the application for funding an agricultural conservation easement proposal:

(1) The names of all owners of title to and interests in the land being proposed for the conservation easement.

(2) The holders of any mortgages, deeds of trust, easements, liens, pledges of collateral and any other security interests in the land.

(3) Any lessees, holders of mineral rights, holders of water rights, or other persons who have an interest in the use, occupancy or access to the land.

(4) A legal description of the land.

(5) The name of the proposed easement holder.

(6) The total cost of the proposed agricultural conservation easement.

(7) A description of how the proposed easement meets the stated public policy of the ordinance, and of other state or federal public policy purposes.

(8) Other information the applicant deems necessary to obtain funding for the proposal, including the landowners commitment to donate the required percentage of project cost.

(9) A copy of the proposed easements, with terms and conditions in their entirety, including provisions for disposition of the easement if violations of the terms and conditions occur.

(10) If the proposed easement holder is a private nonprofit organization, that organization will allow for a qualifying governmental entity to hold the second position on the easement agreement authorizing the governmental entity the ability to enforce terms and conditions of the easement, if the qualified easement holder falls to do so.

(11) A statement of specific duties of the easement holder, and a schedule for reporting periodically on all matters pertaining to the easement.

(12) Annual review of this process to ensure consistency with federal and state agricultural protection law, regulation and procedure will be conducted.

(Ord. 04-904, passed 6-14-2004)

25-1-7 PUBLIC PARTICIPATION.

(A) The city and the Agricultural Protection Commission will provide for public involvement regarding any application submitted to the Commission.

(B) Notification consistent with city requirements will be given, including publication of agendas, names of commissioners and meeting dates.

(C) Reasonable opportunity to public comment on applications for processing of at least 30 days will be required.

(D) Consideration of all public comment, both written and oral, will be given. Reasonable time limits for oral public comments are to be established (number of minutes per speaker, and exceptions for "expert" or "critical" testimony as deemed appropriate).

(E) All recommendations will be submitted to the City Manager, with supporting documentation and analysis provided.

(F) The Commission shall develop a mediation program to resolve disputes between landowners and the holder of the agricultural conservation easement, including an appropriate appeals process.

(G) Arizona’s public meeting law requirements apply to the business of the Commission. Commission members will receive open meeting law training as a condition of their service.

(Ord. 04-904, passed 6-14-2004)